How should patent owners submit amendments in a Reexamination of a Reexamination?
When submitting amendments in a Reexamination of a Reexamination, patent owners must present changes as if the modifications from the previous reexamination certificate are part of the original patent. MPEP 2295 states: “Any amendment to the claims (or specification) of the reexamination proceeding must be presented as if the changes made to the patent text…
Read MoreWhat happens if a reexamination certificate is about to issue during a new reexamination request?
If a reexamination certificate for a prior reexamination is about to issue when a new reexamination request is filed, the proceedings are typically not merged. According to MPEP 2295: “If the certificate for the first reexamination proceeding will issue before the decision on the second request must be decided, the reexamination certificate is allowed to…
Read MoreHow are claims considered in a Reexamination of a Reexamination?
In a Reexamination of a Reexamination, the claims are considered based on the modifications made by the previous reexamination certificate. MPEP 2295 states: “The reexamination request is to be considered based on the claims in the patent as modified by the previously issued reexamination certificate, and not based on the original claims of the patent.”…
Read MoreHow are checklists completed in a Reexamination of a Reexamination?
In a Reexamination of a Reexamination, both the examiner and the CRU support staff complete checklists to ensure proper processing. MPEP 2295 states: “The examiner will complete a checklist, Form PTO-1516, and the CRU support staff will complete the reexamination clerk checklist Form PTO-1517.” When completing these checklists, it’s important to remember that “the ‘patent’…
Read MoreWhat is the role of the Central Reexamination Unit (CRU) in a Reexamination of a Reexamination?
The Central Reexamination Unit (CRU) plays a crucial role in processing a Reexamination of a Reexamination. According to MPEP 2295, “When the file for the new reexamination proceeding (reexamination of a reexamination) is first received by the Central Reexamination Unit (CRU), the CRU technical support staff will print out a copy of the issued reexamination…
Read More